Broadnax v. Cheraw & Salisbury R. R.
Supreme Court of Pennsylvania
Appeal, No. 210, Jan. T., 1893, by defendant, from judgment of C. P. No. 4., Phila. Co., Dec. T., 1880, No. 8, on verdict for plaintiff, Jane Broadnax et al. Foreign attachment in case on general average bond. Before Thayer, P. J. (Reported below in 1 Dist. R. 251; also on former writ in 109 Pa. 432.) At the trial, the general average bond was given in evidence.
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Appeal, No. 210, Jan. T., 1893, by defendant, from judgment of C. P. No. 4., Phila. Co., Dec. T., 1880, No. 8, on verdict for plaintiff, Jane Broadnax et al. Foreign attachment in case on general average bond. Before Thayer, P. J. (Reported below in 1 Dist. R. 251; also on former writ in 109 Pa. 432.) At the trial, the general average bond was given in evidence. It was as follows: “ Whereas, The schooner ‘ Mattie A. Hand,’ of Philadelphia, whereof Joseph Hearon is master, having on board a cargo of merchandise, sailed from the port of Philadelphia, on or about the ninth day of January, A. D.…
1Opinion of the Court
Opinion by
Mb. Chief Justice Stebbett,
This action of foreign attachment was brought on defendant company’s general average agreement of May 1, 1880, which has been sent up with the record.
It is unnecessary to state the circumstances which led to the execution of that agreement, etc. They will be found in report of the case when it was here on writ of error in 1885: 309 Pa. 432. On the last trial, the agreement given in evidence was followed by satisfactory proof of the adjustment and apportionment of general average, etc. Under the evidence that was introduced, the case turned upon the…
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